How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101759
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
7286322
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have a writ that I asked the sheriff to enforce stating I

Customer Question

I have a writ that I asked the sheriff to enforce stating I want to hire a moving company to remove the tenants belongings.After finding out that it may cost me a couple of thousand dollars and I am rethinking it.Its in Kenosha county Wisconsin.The tenant is in a rehab center for health conditions and we have been comunicating via email.I read in the handbook I can give written notice to the tenant stating he needs to get his belongings.My questions are as follows
Is email legal if the tenant gives me permission to do what ever they give me permision to do?
What are my responsibilities as far as executing the writ-Can I change the way the writ will be executed and ask to be responsible for the tenants belongings and at that point what are my responsibilities for there belongings?
Can I legally take possesion of the property if the writ is not executed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Is email legal if the tenant gives me permission to do what ever they give me permision to do? Generally speaking, no. Or rather, the tenant can always claim that they never wrote the email and then it would be up to the Court to decide. Because parties lie or exaggerate, it is always better to have something in writing. Also note that email has a lot of nuance. If you simply send them a notice via email, they can claim they never received it. If they send you an email, they can claim they never wrote it. Only an email which is REPLIED to by them confirming receipt may stand up in Court. Ergo, it is best to use writing.What are my responsibilities as far as executing the writ-Can I change the way the writ will be executed and ask to be responsible for the tenants belongings and at that point what are my responsibilities for there belongings? Not quite. I am guessing the writ is a writ of possession? If so, then the authorities have to execute the Writ. They will come and remove the individuals and the items from the property. But they have to do it. And if some of the items removed are third parties' items, those third parties can sue the tenant for indemnification, possibly.Can I legally take possesion of the property if the writ is not executed? Sorry, but no. Self-help under writ of possession is not allowed. the authorities have to do this. You can only take possession if the tenant has abandoned the property. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
if he replies via email to my response it is legal?
Expert:  Ely replied 1 year ago.
That depends. What is the email in regards to? Please clarify the email subject/content/etc.
Customer: replied 1 year ago.
What about sending notice to him to get his belongings
Customer: replied 1 year ago.
The email is stating if you give me permission to move and store your belongings in the basement
Expert:  Ely replied 1 year ago.
Is the tenant still on the property or have they left?
Customer: replied 1 year ago.
He is at rehab and not physically in the property
Expert:  Ely replied 1 year ago.
Thank you. It is better to have it in writing. But provided that the tenant does not renege on the email's authenticity, this should be enough. Finally, if they are away from the property and are not coming back for some time, and have been evicted, then arguably they have abandoned it, which means self hep to retake the property would generally be allowed provided tenant is not seeking to come back. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Can you elaborate on self help?
Expert:  Ely replied 1 year ago.
Sure. If the tenant has left the property, then there is no need for a Writ. The landlord can simply retake the property."Abandoned" is a subjective term. It is best to take a few photos to show that the property has been abandoned, and/or to get the tenant in writing to agree to this. FYI, abandoned items left are dealt with per HERE. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I was wondering if I even needed the writ-seems like I only needed it if they were still physically in the property
Expert:  Ely replied 1 year ago.
Is the tenant willing to give up the claim to the property and admit in an email or in writing that they have abandoned it, i.e. moved out, after the eviction?
Customer: replied 1 year ago.
Can you call me I re entered my credit card info
Expert:  Ely replied 1 year ago.
Hello, It looks like you requested a call. (The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and they may agree to the call. They will also have your question and my replies to build upon, so nothing will be lost.) Once that happened, another expert tried to take the call, but it was rejected due to a payment issue. You likely were contacted by the site then, to correct it. Experts themselves do not have access your billing, so I would not know what the status of the payment is. I would recommend requesting the call again and it would go through if it was done correctly.
Customer: replied 1 year ago.
The sheriff is stating that the tenant still has rights to be in the property till the writ is executed-if I cancell the writ will this not be the case.
Expert:  Ely replied 1 year ago.
Is the tenant willing to give up the claim to the property and admit in an email or in writing that they have abandoned it, i.e. moved out, after the eviction?